Fostering Future Lawyers in an Era of Globalization: Integrating Dispute Resolution Into Overseas Clinical Legal Education Externships

Abstract

Twenty first century law students and graduates are increasingly being exposed to legal issues and disputes beyond their own domestic shores and across international jurisdictions. In order to equip students with the necessary knowledge, skills and values to seamlessly transition from law school into dispute resolution processes and legal practice set in the global context, there is a need to incorporate international clinical legal education experiences into the law school curriculum. This paper begins by reviewing the current place of dispute resolution in Australian and Chinese law school curricula and legal practice. The paper then reviews a pilot program conducted by the University of Newcastle Law School, Australia, where Newcastle students undertook a two-week clinical legal education externship in China with a focus on dispute resolution. This included both Australian and Chinese students participating in simulated negotiation and mediation exercises. The program concluded with students interviewing the key stakeholders in a dispute resolution regime based in an arbitration institute, where there were on-site ‘live client’ mediations and arbitrations. This experiential learning opportunity enabled students from both Australia and China to develop cross-cultural communication skills and sensitivities, and comparative knowledge in different legal systems. It also provided opportunities for students to reflect on ways in which the dispute resolution processes can be enhanced in Australia and China, together with a hands-on clinical experience for students at a time when law schools are seeking to further internationalize their teaching and learning. Students’ reflections on this aspect of the externship indicated a strong desire to see additional international dispute resolution learning opportunities set in a practical context.